alleged affair with cia director david petraeus with agents carrying out boxes of material. now the top military commander in afghanistan is being investigated by the pentagon for having inappropriate communications with jill kelley, the woman who first blew the whistle on broadwell's threatening e-mails. oh, boy, here we go. good morning. i'm mika brzezinski, along with joe scarborough, this is "way too early," the show that receives on average about a dozen inappropriate communications from donny deutsch every day. >> every half hour. it's a long story. by the way, shirtless as well. we will talk about that. >> that's on a good day. thanks for being up with us. shoot us an e-mail or tweet u us and let us know why you're awake right now. or do what jill kelley's twin sister does and text the word awake followed by your response to 622639.

we'll read the best responses later in the show. >> you kids make sure if your dad sends an e-mail, the shirt stays on. okay? seriously. i'm tired of looking at your dad's bare chest. this will be your cram session for this tuesday, november 13th. there's a lot going on today. >> yeah. >> i mean a lot. including new speculation on who could be next in line for the post of secretary of defense and secretary of state if they didn't send e-mails without their shirts on. and late-night comics take aim on the general petraeus scandal. first let's get to the news at 5:30 a.m. at 30 rock. we begin with developing news in the general david petraeus scandal. overnight in charlotte, north carolina, fbi agents searched the home of paula broadwell, the b biographer who officials say had

an affair with general petraeus. agents were reportedly scene leaving the home with boxes, suitcases and photographs. new details continue to emerge about the fbi's handling of the case. officials tell nbc news and the "wall street journal" the agent who launched the initial investigation was later pulled off the case due to inappropriate behavior including sending shirtless photos of himself to another woman involved in the case, jill kelley. kelley, a friend of the petraeus family and that fbi agent who she contacted after receiving those harassing e-mails that the fbi linked back to paula broadwell, that agent grew concerned that the investigation had stalled and contacted a member of congress, even though the white house was still unaware of the case. chair of the senate intelligence committee, senator dianne feinstein, says she is growing more concerned as the story

unfolds. >> generally, what we call the four corners, the chair and rankings of both committees are briefed on operationally sensitive matters. this is certainly an operationally sensitive matter, but we weren't briefed. i don't know who made that decision. and i think, you know, that makes it much more difficult. this thing came so fast and hard and since then it's been like peeling an onion, another day another peel comes off and you see a whole new dimension to this. my concern has actually escalated over the last few days. >> meanwhile, the fbi is defending its handling of the petraeus investigation. nbc news chief justice correspondent pete williams has that part of the story. >> reporter: law enforcement officials say the fbi began by tracing where those threatening e-mails sent to jill kelley were coming from, which cities, which hotels. eventually discovered the name

paula broadwell. agents also noted that pattern matched her book promotion travel. armed with legal authority, the fbi got access to her e-mail account and found she sent them, but also found were suggestive e-mails from general david petraeus. first someone wondered if someone had hacked into their account. later both admitted to their affairs. low-level classified documents were found on her computer, but agents determined she had proper access to them. after reviewing all the evidence, prosecutors determined no crimes were committed, no leaking of classified information, no threat to national security. some members of congress say they or at least president obama should have been told about the investigation while it was going on. >> once the fbi realized it was investigating a director of the cia or the cia director had come within its focus or scope, i believe at that time they had an

absolute obligation to tell the president. not to protect david petraeus, but to protect the president. >> justice department officials say the fbi never tells other agencies when it's in the middle of a criminal investigation. they note that federal law says that congressional intelligence committees must be notified of all "intelligence activities." an affair did not meet that test they concluded. they say the fbi is sensitive to its past when former director j. edgar hoover gathered personal details about government officials to get what he wanted. >> the only reason the fbi should have notified congress was if general petraeus was found to have leaked classified information. that was not the case. so the fbi followed its protocols and did the right thing in this case. >> general petraeus is not the only high-ranking official mixed up in this scandal. general john allen, the top american commander in afghanistan is now being investigated for alleged inappropriate communications with jill kelley. again, she's the woman who

reportedly received threatening e-mails from paula broadwell, the woman with whom petraeus was having an affair. general allen took over the command in afghanistan from petraeus after petraeus was tapped for the cia. now officials are reviewing up to 30,000 pages of communication between allen and ms. kelley. you're running a war, general, seriously, 30,000? it's not clear if the e-mails involved sexual material or classified information. general allen saying he has done nothing wrong. for the first time overnight secretary of defense leon panetta, who previously served as director of the cia weighed in about general petraeus' sudden resignation. reporters asked if general petraeus could be prosecuted if it was determined he was having an affair while on active duty. >> you know, i don't know. i don't know the answer to that. i guess i'm -- i'm reading the

papers like you are to determine just, you know, what the committee finds out, what the ultimate investigation determines on that issue. you know, we are going to watch this closely to determine just exactly when that took place. >> but secretary panetta also seemed to side with lawmakers who said the fbi should have informed them earlier about the investigation. >> that's another issue i think we ought to look at. you know, as a former director of the cia and having worked very closely with the intelligence committees, i believe that there is a responsibility to make sure that the intelligence committees are informed of issues that could effect, you know, the security of those intelligence operations. meanwhile, there is new speculation involving president obama's cabinet and what many believe could be a dramatic

shakeup as heme enters his seco term. the washington post says that john kerry is being considered as new secretary of defense. kerry was thought to be a leading candidate for the secretary of state position, but this article says senior officials familiar with planning believe the job will likely go to susan rice, the u.s. ambassador to the u.n. still rice would likely face a tough nomination process after initially mischaracterizing the deadly bengahzi attacks as a protest gone wrong. the president's chief counterterroism adviser, john brennan, is seen as a potential top contender to replace general petraeus at the cia. officials said the cabinet talks are already in the early phases and no decisions have been made. congress returns to capitol hill today with seven weeks left to fix a fiscal cliff deal.

they remain at odds on how to get to the deal. on friday president obama will sit down with congressional leaders to work on a compromise plan. but before official negotiations get underway, the president will meet with influential labor and business leaders and also going to try to discuss how they think we should control the deficit. labor leaders help president obama win re-election and they are expected to make a hard push that any deals keep entitlement programs intact. there is a major shakeup at a tech giant this morning. the head of microsoft is leaving the company. let's take an early look at the markets with geoff cutmore in london. good morning to you. well, yes, 23-year veteran of microsoft, steven sinofsky is gone. and there are questions now as to why because he presided over the launch of windows 8 and the new surface tablet.

everything seemed to be going fine. they've now talked about, in some of the blogs, perhaps there was an abrasive management style with some of the other executives. just rubbed some people up the wrong way. also talk that steve baumer is consolidating his grip on the business and steven sinofsky was talked about at one time as a potential ceo for the business. one other story i want to focus on, i don't know how you guys do your thanksgiving dinner, increasingly the big box retailers hope will you have your meal and then go shopping. 8:00 is the opening time for a number of these big box retailers now on thursday as they try to get ahead of the big thanksgiving friday sales. they're expecting lackluster performance in retail sales this year, which is why a number of these businesses like walmart, toys "r" us and sears are opening their doors early late

thursday evening. back to you. >> thanks, jeff. seriously? black friday/thursday night? i think i will choke on my turkey. >> we need some balance in our lives. but the economy needs the shoppers. >> whatever. thanks. still ahead on "way too early," steelers get a big win in overtime but what's the cost? well, big ben goes down with a serious shoulder injury. we'll have those highlights coming up next. and in light of the petraeus scandal, steven colbert mayes his own shocking admission. that story and a check on weather when "way too early" comes back. good evening. i'm here tonight to announce my inen it shun to seek the republican nomination for president of the united states. hi, i'm amy for downy unstopables

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shirtless picture off himself? >> how do you make these pictures bigger? >> like that. >> can't make it big enough. >> you know what's amazing? no matter how big -- he still looks little. >> oh, well, just have him do the weather. >> oh. >> i will delete this one, too. >> that's inappropriate. what is it? about 20,000 over the past two years? >> i will have to change my account yet. >> mika, was that the one after the shower or the gym? >> oh, my god. he goes there. okay. >> throwing it all in. >> come on, anthony. >> you guys opened the door. i'll kick it. >> you kicked it right down. yes, you do. >> how about the weather. >> the least thing i want to talk about or need to talk about is the potential for another coastal wind/wave event. this on a scale is very low.

a 10 being where sandy was, this is a one or two, so a weak coastal storm, but a strong area of high pressure and the winds would be the issue. if we get these winds for two, three days coming onshore, we will get the water piling up a bit. and we're very vulnerable in those areas where sandy hit. this morning, bring the umbrella with you. this is kind of the return to normal weather. yesterday was a beautifully warm day throughout the eastern half of the country, especially the eastern seaboard. now the cold air is moving in with rain showers. pittsburgh is at 32 degrees. boston is at 63. a big temperature contrast that cold air will sweep in during the day. bring the jacket with you. bundle the kids up. they won't need it this morning but they will this afternoon as they come home. middle of the country, after a cold start, a nice warm afternoon. no big storms heading this way. we have to watch what happens

monday and tuesday of next week. that's when we could deal with the next coastal event. >> all right, bill, thank you very much. we'll end it a little pg. >> we'll be watching, but not that closely. >> understood. >> thank you, bill. the steelers were hosting the chiefs last night on monday night football while bill was going to facebook, sending out shirtless pictures -- >> just move on. >> a scoreless game. charles takes a handoff. that's the chief's first touchdown all year in the first quarter. second quarter, ben roethlisberger pump fakes and throws one to mike wallace. what a catch. makes a one-handed grab. touchdown steelers. what a catch by wallace. brings it in with one hand and hangs on to it with his legs. third quarter, roethlisberger is sandwiched between two chief defenders, big ben is hurt on the play and is out for the

game. an injury to the throwing shoulder. and sources are telling espn it's just a sprain, but big ben is going for test. fourth quarter, cassell is picked off by timmons, and he returns it all the way. that sets up the game-winning field goal. the steelers hang on to win 16-13. but they lose big ben in the process. more news from the nflt appears michael vick's time as a starting quarterback with the eagles may be growing short. espn is reporting that the eagles benched vick for this sunday's game against the redskins in favor of rookie mick foals, citing vick's recent concussion as a switch. coach andy reid said vick is the starter when healthy. vick has score d 12 touchdowns this year but also thrown 9 interceptions and fumbled ten times. the eagles are in the midst of a five-game losing skid, their

longest winless streak since andy reid has been coach, 14 years with the eagles sgloch se to baseball, the rookie of the year awards were announced. mike truth of the angels and bryce harper. trout with a .326 average. harper batted .27022 home runs, 59 rbis, 18 stolen bases. both players still shy of their 22nd birthday. both born -- this is depressing -- in the 1990s. harper won't be legal to drink until october. coming up at the top of the hour on "morning joe," general david petraeus is off the job at the cia, but members of congress still want answers when it comes to the attack in bengahzi. when we come back here,

we'll huddle around the water cooler. we'll give lewis another chance to watch "the daily show" use a little creative license to re-enact the unfolding scandal. ] it's that time of year again. time for citi price rewind. because your daughter really wants that pink castle thing. and you really don't want to pay more than you have to. only citi price rewind automatically searches for the lowest price. and if it finds one, you get refunded the difference. just use your citi card and register your purchase online. have a super sparkly day! ok. [ male announcer ] now all you need is a magic carriage. citi price rewind. buy now. save later. at legalzoom, we've created a better place to handle your legal needs. maybe you have questions about incorporating a business you'd like to start. or questions about protecting your family with a will or living trust. and you'd like to find the right attorney to help guide you along, answer any questions and offer advice. with an "a" rating from the better business bureau legalzoom helps you get personalized and affordable legal protection.

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we told you at the top of the show that former presidential nominee john kerry is reportedly being considered as the candidate to succeed

hillary clinton as secretary of state. if you want to sound smart today tell your friends that the last person who went on to become secretary of state after losing the presidency was charles evans hughes back in 1921. hughes was narrowly defeated by wilson in 1916 before being appointed secretary of state by calvin coolidge. >> enough with the real news now lewis with the water cooler. >> time to gather around the water cooler to watch more exciting details about the david general petraeus scandal. >> petraeus wouldn't turn over the plans on the microfiche, perhaps there was a chase with a mini cooper with saws for hands. >> law enforcement and multiple u.s. officials tell nbc news that e-mails between him and paula broadwell, his biographer,

were indicative of an extramarital affair. >> really? e-mail? all they had to do to have america's spy master general was to logon to his e-mail? any way we can intrigue that little sound bite up a bit? ♪ >> law enforcement and multiple u.s. officials tell nbc news that e-mails between him and paula broadwell, his biographer, were indicative of an extramarital affair. >> how exciting! >> little roger moore action there. steven colbert fesses up to an inappropriate relationship of his own. >> it's time for me to come clean. i had an improper relationship with my biographer. spent a lot of time alone with the author of these books. there was a connection, and

let's just say he got a little handsy. and i did things i never thought i would do, but have been doing for decades. i'm sorry. >> he got a little handsy there. they tell me we're out of time but i know mika is all about good food, healthy eating, but the one thing she can't resist is nutella. unfortunately for you, it looks like france is trying to impose a big tax on palm oil which will end up limiting the amount of nutella that is produced. since you vacation in the south of france often this could be a concern for you. >> this is huge. do you have a nutella story you would like to share? >> i'll be sharing that in my upcoming book. >> that's your way of sucking up to me, a nutella story? >> we're only about serious hard-hitting news here. >> you take ambien, go

downstairs -- >> rub it all over my body. >> thank you very much. a little too much information. a little too much information. thank you so much. somebody has been hanging around donny deutsch too much. still ahead on "way too early," your tweets, texts and e-mails are next. ♪ from jammin' jerk chicken, to creamy gouda bisque. see what's new from campbell's. it's amazing what soup can do. [ male announcer ] why do more emergency workers everywhere trust duracell...?? duralock power preserve. locks in power for up to 10 years in storage. now...guaranteed. duracell with duralock. trusted everywhere.

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[ male announcer ] ...just 'cause. download zeebox free, and have the night of your life with your tv. at the top of the show we asked why you are awake. producer john tower has your answers. >> we have al who writes because you're gorgeous, sexy and smart, keep doing whatever you're doing. love the show, joe, you're okay, too, buddy. and donnie's shirtless pictures? maybe the show could be called the way too much information. >> it is. they have no filter. you watch "morning joe," no filt filter. >> and i'm awake because i'm in labor. >> watch "morning joe" t will go quick. i promise. thanks, john. "morning joe" starts right now. petraeus wouldn't turn over the nuclear plans which were on